Whether creating a new product, providing a service or opening a store, it is important to do so in compliance with government regulations. For example, it is important to know the difference as related to a trademark vs logo when applying for a patent. The first thing to understand about the difference is that while a trademark needs to be registered with federal and state agencies, logos do not.
While company names and slogans can be used as trademarks, others prefer to use designs and symbols. In all cases, the design needs to be dedicated to the product or service it projects. For, it identifies the owner as well as the product or service which it projects.
A logo can also qualify as a trademark when meeting certain requirements. In order to qualify, the symbol must be a distinct mark used to distinguish and identify the products or services being offered in the marketplace. Some good examples of this would be the McDonald's Arches, Ronald McDonald, Jack In The Box Clown and Taco Bell.
The same basic rights apply to both areas, other than that logos do not have to be registered. If using the same symbol for both, then registration automatically applies on both accounts. As a result, if an issue were to arise with regards to ownership, the owner can provide the registration as proof of ownership.
Most notably, a company does not need to register a symbol on the federal or state level. For, the State registration of the trademark provides a public record with the general information related to the use of the identifier within the region. As such, when registering a trademark which is the same as a company logo, companies obtain the rights to ownership of the symbol.
In all cases, trademarks registered with federal and state government agencies provide a presumption of legal ownership as well as the right to use and copy the symbol and produce and profit from same. In addition, registration allows the owner to take others using the symbol to court if and when necessary. While this is the case, if the individuals using the symbol have no prior knowledge of the symbol being trademarked, then more often than not, these cases are thrown out of court.
In situations where two companies are using the same identifier, a dispute often occurs. If the symbol is not registered, the first company having used the symbol qualifies as the owner. Whereas, if a symbol is registered, then the courts often recognize the owner as being the one who first registered. Ultimately, the companies must follow the decision of the court, though there have been some appeals with regards to these kind of cases.
In situations where owners have used, or are using a symbol prior to another company having registered the logo, the first to use the symbol might be able to claim ownership. Most often, companies which realize this is the case can often bypass the hassles of a civil court case by reaching a satisfactory agreement in which one or the other will slightly modify the symbol without going to court.
While company names and slogans can be used as trademarks, others prefer to use designs and symbols. In all cases, the design needs to be dedicated to the product or service it projects. For, it identifies the owner as well as the product or service which it projects.
A logo can also qualify as a trademark when meeting certain requirements. In order to qualify, the symbol must be a distinct mark used to distinguish and identify the products or services being offered in the marketplace. Some good examples of this would be the McDonald's Arches, Ronald McDonald, Jack In The Box Clown and Taco Bell.
The same basic rights apply to both areas, other than that logos do not have to be registered. If using the same symbol for both, then registration automatically applies on both accounts. As a result, if an issue were to arise with regards to ownership, the owner can provide the registration as proof of ownership.
Most notably, a company does not need to register a symbol on the federal or state level. For, the State registration of the trademark provides a public record with the general information related to the use of the identifier within the region. As such, when registering a trademark which is the same as a company logo, companies obtain the rights to ownership of the symbol.
In all cases, trademarks registered with federal and state government agencies provide a presumption of legal ownership as well as the right to use and copy the symbol and produce and profit from same. In addition, registration allows the owner to take others using the symbol to court if and when necessary. While this is the case, if the individuals using the symbol have no prior knowledge of the symbol being trademarked, then more often than not, these cases are thrown out of court.
In situations where two companies are using the same identifier, a dispute often occurs. If the symbol is not registered, the first company having used the symbol qualifies as the owner. Whereas, if a symbol is registered, then the courts often recognize the owner as being the one who first registered. Ultimately, the companies must follow the decision of the court, though there have been some appeals with regards to these kind of cases.
In situations where owners have used, or are using a symbol prior to another company having registered the logo, the first to use the symbol might be able to claim ownership. Most often, companies which realize this is the case can often bypass the hassles of a civil court case by reaching a satisfactory agreement in which one or the other will slightly modify the symbol without going to court.
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